Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Of course, what’s happening in the cannabis world is what’s happening everywhere else: the coronavirus.  We’ve got lots to report on how the pandemic is affecting marijuana, but let’s start with other news first.

SOUTH DAKOTA

We’ve talked quite a bit
Continue Reading The Week in Weed: April 3, 2020

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

We start off today with Pennsylvania.  Could it be the next state to legalize?  First, the state’s attorney general  announced that he is in favor.  Meanwhile, the governor asked the Pardons Board to speed up applications for those with low-level marijuana
Continue Reading The Week in Weed: October 4, 2019

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

From the “if at first you don’t succeed” files, New Jersey Governor Phil Murphy stated recently that he would support a bill to legalize marijuana, rather than awaiting a ballot initiative in 2020.  States that may see ballot initiatives include: Arizona
Continue Reading The Week in Weed: August 16, 2019

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

First of all, are you headed to CannaVest West this month? Catch Seyfarth’s Stan Jutkowitz on the July 23rd panel discussing “Cannabis Real Estate: What You Should Know Before Buying, Selling or Leasing Property for Cannabis and Hemp Use.”

The big
Continue Reading The Week in Weed: July 12, 2019

An Arizona federal district court judge entered judgment against Walmart Inc. for terminating the employment of a woman who had been prescribed medical marijuana because it had not established through expert evidence that the employee was impaired by marijuana at work despite high levels of marijuana in the results of her drug test.  Therefore, the court held plaintiff’s termination was
Continue Reading Arizona Federal Judge Enters Judgment for Terminated Employee: High Levels In Positive Drug Test Insufficient to Show Impairment From Marijuana

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Arizona’s medical marijuana sales jumped a whopping 41% in 2018 – sales are estimated to have been $400 million.  Not chump change by anyone’s standards.

Regular readers will doubtless recall that Arkansas’ medical marijuana program was off to a sluggish start. 
Continue Reading The Week in Weed: January 25, 2019

Can employers deny employment to people who use cannabis under a medical prescription authorized by state law? In more and more states, the answer is now “No.”

Changes in cannabis laws are creating a new haze for employers. What follows is a quick summary citing some (not all) states that now require employers to think twice before denying employment to individuals because they tested positive for the use of marijuana that they are ingesting for state-authorized medical reasons.
Continue Reading Budding Development: States Requiring Employers to Tolerate Medical Cannabis Use

A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (“ADA”).  Although the employee faces an uphill battle, the case presents a challenge to the commonly-held view that the ADA does not support such a claim.

In Terry v. United Parcel Services, Inc., No. 2:17-cv-04972-PHX-DJB (D. Ariz., filed Dec. 29, 2017), a former UPS sales director alleges, among other things, that UPS terminated his employment in violation of the ADA and the Arizona Medical Marijuana Act (“AMMA”).  Terry alleges that he was a medical marijuana card holder under the AMMA, and that, at the direction of his doctor, he used medical marijuana during non-work hours to treat his nearly constant and extreme hip pain.  He claims that he never possessed, used, or was impaired by marijuana, alcohol, or any other impairing substance while present on UPS’s premises or during working hours.  According to the complaint, in April 2017, UPS required Terry to report immediately for a drug and alcohol screening test, and was informed that the reason for the test was “observable behavior.”  At a meeting with UPS officials one week later, Terry claims that UPS terminated his employment due to his positive drug and alcohol screening results and violating the company’s drug and alcohol policy.  Terry claims that he responded by notifying UPS that he has a valid medical marijuana card under the AMMA and a valid prescription for Adderall that he took to treat his ADD.
Continue Reading A Potential P[l]ot Twist for Medical Marijuana and the ADA

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

An Arizona attorney has filed a lawsuit asking the state’s Court of Appeals to decide whether the $150 patient card fee is legal, a move that
Continue Reading The Week in Weed: November 17, 2017

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Canadian Prime Minister Justin Trudeau’s government will publish draft legislation on the legalisation of marijuana later this week.


Continue Reading The Week in Weed: April 14, 2017